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Death penalty under Indian Penal Code

Death penalty is one of the five punishments that are recognized
by the Indian Penal Code, 1860. As per section 53 of Indian Penal Code,
following are the punishments:

(i)Death

(ii)Imprisonment for life

(iii)Other imprisonment (Simple or rigorous)

(iv)Forfeiture of property

(v)Fine

Provisions under Indian Penal Code where capital punishment can be
given:

Section 121 - Waging, or attempting to wage war, or abetting
waging of war, against the Government of India

Whoever wages war against the Government of India, or
attempts to wage such war, or abets the waging of such war, shall be punished
with death,
or imprisonment for life and shall also be liable to fine.

Section 132 - Abetment of
mutiny, if mutiny is committed in consequence thereof

Whoever abets the committing of mutiny by an officer,
soldier, sailor or airman in the Army, Navy or Air Force of
the Government of India, shall, if mutiny be committed in consequence of
that abetment, be punished with death or with imprisonment for
life, or imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.

Whoever gives or fabricates false evidence, intending thereby to
cause, or knowing it to be likely that he will thereby cause, any person to be
convicted of an offence which is capital by the law for the time being in
force in India shall be punished with imprisonment for life, or with
rigorous imprisonment for a term which may extend to ten years, and shall also
be liable to fine;

if innocent person be thereby convicted and executed.— and if an innocent person be
convicted and executed in consequence of such false evidence, the person who
gives such false evidence shall be punished either with death or the punishment
hereinbefore described.

Section 302 - Punishment for
murder

Whoever commits murder shall be punished with death,
or imprisonment for life and shall also be liable to fine.

*Section 303 - Punishment for
murder by life-convict

Whoever, being under sentence of imprisonment for life,
commits murder, shall be punished with death.

* Section 303 struck down by the Supreme Court in Mithu v. State of Punjab, AIR 1983 SC
473

Section 305 - Abetment of
suicide of child or insane person

If any person under eighteen years of age, any insane person,
any delirious person, any idiot, or any person in a state of intoxication,
commits suicide, whoever abets the commission of such suicide, shall be
punished with death or imprisonment for life, or imprisonment for a term
not exceeding ten years, and shall also be liable to fine.

Section 307 - Attempt to murder

Whoever does any act with such intention or knowledge, and under
such circumstances that, if he by that act caused death, he would be guilty of
murder, shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine; and if hurt is
caused to any person by such act, the offender shall be liable either
to imprisonment for life], or to such punishment as is hereinbefore
mentioned.

Attempts by life convicts.—When any person offending under this section is under sentence
of imprisonment for life, he may, if hurt is caused, be punished with death.

1[Section 364A - Kidnapping for ransom, etc.

Whoever kidnaps or abducts any person or keeps a person in
detention after such kidnapping or abduction and threatens to cause death or
hurt to such person, or by his conduct gives rise to a reasonable apprehension
that such person may be put to death or hurt, or causes hurt or death to such
person in order to compel the Government or any foreign State or
international inter-governmental organization or any other person to do or
abstain from doing any act or to pay a ransom, shall be punishable with death,
or imprisonment for life, and shall also be liable to fine].

If any one of five or more persons, who are conjointly
committing dacoity, commits murder in so committing dacoity, every one of those
persons shall be punished with death, or imprisonment for
life, or rigorous imprisonment for term which may extend to ten years, and
shall also be liable to fine.

1[Section 376A - Punishment for
causing death or resulting in persistent vegetative state of victim

Whoever, commits an offence punishable under sub-section (1)
or subsection (2) of section 376 and in the course of such commission
inflicts an injury which causes the death of the woman or causes the woman to
be in a persistent vegetative state, shall be punished with rigorous
imprisonment for a term which shall not be less than twenty years, but which
may extend to imprisonment for life, which shall mean imprisonment for the
remainder of that person’s natural life, or with death.]

Whoever
has been previously convicted of an offence punishable under section 376 or
section 376A or section 376D and is subsequently convicted of an offence
punishable under any of the said sections shall be punished with imprisonment
for life which shall mean imprisonment for the remainder of that person’s
natural life, or with death.’]

1. Ins. by Act 13 of 2013, sec. 9
(w.e.f. 3-2-2013)

Section 396 - Dacoity with
murder

If any one of five or more persons, who are conjointly
committing dacoity, commits murder in so committing dacoity, every one of those
persons shall be punished with death, or imprisonment for
life, or rigorous imprisonment for term which may extend to ten years, and
shall also be liable to fine.

Death penalty under Indian Penal Code
Reviewed by Rahul Tanwar
on
22:05
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